The L-1 visa is for organizations conducting business both in the US and abroad via affiliated entities. It is used for the transfer of key employees, including business owners, from a foreign office to a US office. The visa also allows transfer for purposes of establishing a new office.
The L-1 visa applicant must be a manager, executive, or a person with specialized knowledge about the enterprise’s product, service, or operations. The applicant must continue to work in a similar position in the US company. The L-1 visa is available to employees of both emerging and established companies. Thus, the visa is a great avenue even for small businesses and startups to expand into the United States.
L-1 Visa Requirements for the Organization
Entity Relationship
The foreign entity and the US entity must be related as a parent company, branch office, subsidiary, or affiliate.
Active Operations
Both the US entity and the foreign entity must be doing business during the entire period of the transferred employee’s stay in the US on L-1 visa.
Reason for the Transfer
Reason for the Transfer
The business must articulate a purpose for the transfer and the need for the employee’s skill set.
L-1 Visa Requirements for the Employee
Employment Abroad
The employee must have worked in the same company abroad, for at least one continuous year prior to the transfer within the previous three years.
Position Abroad
The employee must have been employed abroad as an executive or manager, or in a position involving specialized knowledge about the company’s product, service, or operations.
Position in the US
The employee must be employed in the US as an executive or manager, or in a position involving specialized knowledge about the company’s product, service, or operations.
Qualified for the Position
The employee must be qualified for the position in the US based on prior education, training, and experience.